1. MySinChew.com （http://www.mysinchew.com）
Church Can Seek To Nullify Govt Ban On Allah Word, 29 April 2008
By nkw
KUALA LUMPUR: The government wants the High Court of Kuala Lumpur to throw out the suit by the Roman Catholic Church here to defend its right to use the word “Allah” in its weekly publication on grounds that it is irregular, misconceived, and an abuse of the process of the court.
However, Federal Counsels representing the government have no objection to the church’s application to get the court to declare the government’s prohibition over the Allah word null and void.
In the continuation of hearing of the church’s efforts to present its case to the court, the church’s lawyers; Porres Royan, Leonard Teoh, S. Selvarajah, and Annou Xavier are asking for three areas of reliefs.
Senior Federal Counsel Azizah Haji Nawawi and Suzanna Atan representing the Internal Security Minister (previously Prime Minister Abdullah Ahmad Badawi and now Syed Hamid Albar) and the government before Madam Justice Lau Bee Lan here today said they have no objections to the church’s bid to declare the respondents’ decision prohibiting the use of the word in Herald-The Catholic Weekly-as illegal and null and void.
However, they objected to the application for leave filed by the Titular Roman Catholic Church of Kuala Lumpur, Datuk Murphy Pakiam who is the publisher of the Herald, that the Herald is entitled to use the Allah word and that the word is not exclusive to Islam.
They further argued that the applicant cannot apply its private rights to use the word “Allah” in an application for judicial review and that the claim over the use of the word can only be decided by the court after hearing expert evidence.
The church’s lawyers pointed out that the hearing is just at the preliminary stage and this will be argued at the substantive stage subsequently.
Federal Counsel also argued that the Archbishop’s application for leave to seek an Order of Certiorari is irregular as it should have been the main application and not subsequently to other reliefs sought.
Counsel for the church argued that the sequencing of the application is inconsequential and has no effect on their application.
On the third relief sought to stay the order of the respondents, Federal Counsel argued that Justice Lau had previously declined to make such stay orders and therefore, should not award it in this case. The applicant’s lawyers decided not to ask for this order but maintained that they are not withdrawing the application for a stay and may re-apply for it whenever needed. Judgment is reserved for Monday (5 May).
In his affidavit, Pakiam said, “ I am advised by my solicitors that I have a legal right to use the word “Allah” in the Herald-The Catholic Weekly- and this legal right stems from the right to freedom of speech and expression as enshrined in Article 10 of the Federal Constitution and from the right to profess and practice the Christian faith as enshrined in Article 11 of the Federal Constitution which includes and is not limited to propagating the faith amongst the non-English speaking faithful in Malaysia especially the Indonesians and the Arabic-speaking of the Christian faith.”
He said the word “Allah” is the correct Bahasa Malaysia word for “God” and in the Bahasa Malaysia translation of the Bible, “God” is translated as “Allah” and “Lord” is translated as “Tuhan”.
He added that for fifteen centuries, Christians and Muslims in Arabic-speaking countries have been using the word “Allah” in reference to the One God. The Catholic Church in Malaysia and Indonesia and the great majority of other Christian denominations hold that “Allah” is the legitimate word for “God” in Bahasa Malaysia.
“Therefore state that it has now been universally accepted that the word ‘Allah’ is not exclusive to the religion of Islam both as a matter of faith and as a matter of the use of language,” he said.
Pakiam also complained that he is constantly harassed by the minister and government to cease to use the word “Allah” in the Herald and the numerous threats to him to either suspend or revoke the Herald’s publication permit over the use of the word “Allah” has infringed his legal right and has caused him much apprehension, anxiety and uneasiness.
He added that it is unfair, unreasonable and irrational for the respondents to classify and to continue to classify the use of the word “Allah” as a security issue which is purportedly causing much confusion and which threatens and endangers peace, public order and security when in fact in the thirteen years of the Herald’s publication, there has never been any untoward incident arising as a result of the use of the word “Allah” in the Herald.
The Herald’s publishing permit for this year was subject to a condition dated 12 Feb 2008 which prohibits the use of the word “Allah” in the Herald.
“I am advised by my solicitors and verily believe that the Respondents in making the decision dated 12.2.2008 acted in breach of the rules of natural justice, procedural and substantive fairness and the duty to act fairly,’ he said.
He added that they had acted irrationally and unreasonably by prohibiting the Applicant from using the word “Allah” or directly quoting the word “Allah” from the Al-Kitab.”
In doing so, they have created a state of affairs which endangers his right to publish the Herald which serves to disseminate news and information weekly on the Catholic Church in Malaysia and elsewhere to a wide readership, Pakiam said. (MySinchew)
2．Asia News.it（http://www.asianews.it）
Malaysian government defeated by history: Christians have used the word "Allah" for centuries, 25 February 2009
On February 27, the diocese of Kuala Lumpur is going to court against the government, which has prohibited the use of the term for reasons of safety. But the Constitution and history are on the side of the Christians. The Minister of the Interior has given permission to use the word "Allah," but only if the phrase "for Christians only" is printed on the cover.
Kuala Lumpur (AsiaNews) - Next February 27, the first hearing will be held in the lawsuit of the archdiocese of Kuala Lumpur and the Catholic weekly Herald against the government, which has prohibited the use of the word "Allah" in Catholic publications. All of the Christian Churches of Malaysia are closely following the battle, which is creating problems for them as well, with bans and confiscations of books and catechisms. The prohibition comes from the ministry of interior security, according to which the use of the word "Allah" in a non-Islamic publication "could create confusion and harm public order." The archdiocese of Kuala Lumpur is defending its right to use the word "Allah" by referring to article 10 of the Constitution (freedom of expression) and article 11 (freedom to practice one's own religion). Without even mentioning that the archdiocese has on its side more than four centuries of documented history, in which the use of this term on the part of Christians has never created problems. In fact, Christians used the word "Allah" to refer to "God" even before the existence of the Malaysian state.
For more than a year, the weekly Herald has been the target of a press campaign and of criticisms on the part of Islamic associations and newspapers, which demand that the use of the word "Allah" be reserved only for Muslims. This is due to the spread of Islamic fundamentalism in the country, but also to the ambiguity of the legal system, which is secular in the Constitution, but influenced by religious membership and Islamic on the legislative level.
The central government seems not to want to expose itself too much in resolving the question, and is trying to find some sort of piecemeal solution. After the security minister prohibited the use of the word "Allah" and was taken to court, last February 16, in the official Gazette, the interior ministry published an order according to which all Christian publications are permitted to use the word "Allah," but only if the front page clearly states that the publication is "for Christians only."
For all of the Christian communities, this decision is insufficient. First of all, because it is "an exception" to a domestic security Order, which by norm affirms the "prohibition" of the use of the word "Allah." The second reason is historical. From extensive documentation compiled by the Catholics in recent months, it clearly emerges that Christians have used the word "Allah" for more than four centuries. A Malay-Latin dictionary printed in 1631 demonstrates that for the Latin word "Deus" ("God"), the Malay word is "Allah." This means that use of the term was widespread well before the publication of the dictionary. According to some Catholics, "the word ‘Allah’ is not a new word in the theological vocabulary of the Christians since the time of the Sultanate of Malacca [16th century], of the Straits Settlements [1826], of the Federation of Malaya [1948], and later of Malaysia [1963]." It is only in 1992 that a Malay dictionary appears defining the word "Allah" as "the God of Islam."
3. Bernama.com (http://www.bernama.com)
(1) Conditions For Using "Allah" In Christian Publications, 27 February 2009
KUALA LUMPUR, Feb 27 (Bernama) -- Documents and publications relating to Christianity containing the word "Allah" are prohibited unless the words "FOR CHRISTIANITY" are written on their front covers.
This condition was contained in the government gazette dated Feb 16, under the Internal Security (Prohibition on Use of specific words on Document and Publication) Order 2009.
Publications and Quranic Text Control Division secretary of the Home Ministry Che Din Yusoh said in a statement here today that the decision was made by Home Minister Datuk Seri Syed Hamid Albar.
Paragraph 2.(1) of the order reads: The printing, publication, sale, issue, circulation and possession of any document and publication relating to Christianity containing the words "Allah", "Kaabah, "Baitullah" and "solat" are prohibited unless on the front cover of the document and publication are written with the words "FPR CHRISTIANITY".
Paragraph 2.(2) reads: The words "FOR CHRISTIANITY" referred to in subparagraph (1) shall be written clearly in font type Arial of size 16 in bold.
(2) Home Ministry Rescinds Gazette On Word "Allah", 28 February 2009
KOTA KINABALU, Feb 28 (Bernama) -- The Home Ministry has rescinded a government gazette that allowed conditional use of the word "Allah" in Christian publications with immediate effect.
Admitting that there was a mistake in enacting the gazette that resulted in confusion over the word in question, Minister Datuk Seri Syed Hamid Albar said the government's decision to ban the use of the word 'Allah' in Herald-The Catholic Weekly remained in force until the court decided otherwise.
The government had recently ordered a ban on the Herald's Malay edition until the court makes its decision, as part of conditions for it to be allowed to continue publishing in English, Chinese and Tamil.
"There is a judicial review on the matter and we leave it to the court to decide. I think there was a mistake in enacting the gazette. When we made a mistake I must admit that there is a need look at it thoroughly.
"As there was a mistake...so it is better we make a correction," he told reporters, here today.
Syed Hamid was commenting on the call by the Malaysian Islamic Da'wah Foundation (Yadim) earlier today, urging the government to withdraw permission for the conditional use of the word "Allah" in Christian publications.
Its chairman Datuk Mohd Nakhaie Ahmad said the government had not acted wisely in allowing the use of the word in Christian publications which he said could anger Muslims not only in the country but also throughout the world.
A government gazette dated Feb 16 has stated that documents and publications relating to Christianity containing the world "Allah" are prohibited unless the words "FOR CHRISTIANITY" was written on their front covers.
The condition was contained in an order entitled 'Internal Security (Prohibition on Use of Specific Words on Document and Publication) Order 2009'.
Paragraph 2(1) of the order reads: The printing, publication, sale, issue, circulation and possession of any document and publication relating to Christianity containing the words Allah, Kaabah, Baitullah and solat are prohibited unless on the front cover of the document and publication are written with the words "FOR CHRISTIANITY".
4. MySinChew.com （http://www.mysinchew.com）
Dispute Continues Over Allah Word Despite Govt’s Concession, 27 February 2009
KUALA LUMPUR: The High Court here was Friday (27 Feb) told that Home Ministry has decided that Christians are no longer prohibited from using the Allah word but parties to the suit wanted more time to chew over the new ruling.
In a front-page article “Allah”Comes Under Surveillance of The ISA. in its current issue, the Catholic Herald said, “Unfortunately, the apparent relief that we imagined we were able to enjoy is short lived.” This it said was because the new order regarding the use of the Allah word is under the surveillance of the Internal Security Act 1960, it pointed out.
The Catholic Church is suing the Home Minister Syed Hamid Albar and the government for prohibiting them from using the disputed word for God in the Bahasa section of Herald, the Catholic Weekly, in its earlier orders.
Speaking to reporters after the hearing, Rev. Dr. Hermen Shastri, general secretary of the Council of Churches of Malaysia said, “The wording of the order causes great concern and gives rise to several questions.”
“Firstly, why is there a specific order in relation only to the Christian religion? The Sikh religion, for example, also refers to “Allah” in their sacred texts. By virtue of the wording of this Order, they will still be prohibited from using the word Allah”, he said.
He also questioned why the Christian religion should be placed under the Internal Security Act.
“We regret that the Government of Malaysia did not see fit to engage with us before introducing this order,” he added.
At the outset of resmptionof hearing Friday, Senior Federal Counsel Nizar Zakaria told the court before Justice Lau Bee Lan that the church action has become academic in view of the new order by the minister.
“This morning I was informed the Home Minister had gazetted an order P.U. A 62/2009 on 21 January 2009. The use of the word Allah in relation to the Christian religion is no longer prohibited,” she said and sat down.
However, she did not say there are conditions imposed on the new order. The new order states that:
Prohibition on use of specific words on document and publication 2. (1) The printing, publication, sale, issue, circulation and possession of any document and publication relating to Christianity containing the words “Allah”, “Kaabah”, “Baitullah” and “Solat” are prohibited unless on the front cover of the document and publication are written with the words “for christianity”.
(2) The words “for christianity ” referred to in subparagraph (1) shall be written clearly in font type Arial of size 16 in bold.
Porres Royan, one of the lawyers appearing for the Herald, told the court while the new order was made under the Internal Security Act, the disputed decision by the minister was made under the Printing Presses and Publication Act 1984.
“What I want to say is that there are implications to this order and we have to study them,” he said.
He also wanted the court to fix the date of hearing for the church’s application to remove the seven Islamic councils (of various states), the Chinese Muslims Association, and the Sikh Gudwara Council from intervening in the suit as he claimed the court has no power to allow them to join the case based on an earlier decision.
However, he said if the is an amicable solution to the main suit in the meantime, he will inform the court.
Mubashir Mansor, representing some of the Islamic councils said, “I too came to know of this new order only this morning.”
He added that , he too, would need time to look at the present situationin the like of the new order.
Hearing continues 28 May. (By BOB TEOH/ MySinchew)
5. Star Online (http://thestar.com.my)
Use of the word ‘Allah’ still not defined, says Nik Aziz, 2 March 2009
KOTA BARU: PAS spiritual adviser Datuk Nik Abdul Aziz Nik Mat says the use of the word “Allah” by non-Muslims is allowed.
He, however, added that it was up to the Federal Government to define the scope in which the word could be used, reported Bernama.
“I don’t want to interfere in this matter. Let the Federal Government decide,” he said in response to the weekly Catholic Herald’s use of the word “Allah” in its Bahasa Malaysia publication.
In Kota Kinabalu, Minister in the Prime Minister’s Department Datuk Ahmad Zahid Hamidi said the Government’s decision to ban the use of the word “Allah” was not restricted to the Herald but applied to all non-Muslim publications.
On Saturday, Home Minister Datuk Seri Syed Hamid Albar said a Feb 16 government gazette lifting a ban on Christian publications to use the word “Allah” would be rescinded.
He added there were mistakes made in the drafting of the gazette, which stated that Christian publications could use the word Allah provided the words “For Christians” were clearly printed on the cover.
Syed Hamid said the Government’s stand on the ban has not changed.
© 1995-2009 Star Publications (Malaysia) Bhd (Co No 10894-D)
6. International Herald Tribune (http://www.iht.com)
Malaysia politician: Non-Muslims can use 'Allah' (The Associated Press), 2 March 2009
KUALA LUMPUR, Malaysia: The leader of Malaysia's Islamic opposition party says non-Muslims should be allowed to use the word "Allah" to refer to God, questioning a government ban that has been criticized by Christians as a blow to freedom of religion.
Nik Aziz Nik Mat, the influential spiritual leader of the opposition Pan-Malaysian Islamic Party, said that a verse in the Quran in which non-Muslims of Mecca call their God "Allah" supported his point.
Nik Aziz's comments, made Sunday, were reported by the national news agency Bernama and the New Straits Times newspaper. His aide, Mohamad Saiba Yaacob, confirmed the comments to The Associated Press.
Nik Aziz's views are an unexpected boost for Malaysia's Christian minority, who have gone to court to challenge a 2007 order banning non-Muslims from translating God as "Allah" in their literature. The government says its use would confuse Muslims in this multiethnic, Muslim-majority country.
Christian groups say the ban is unconstitutional, arguing that the word "Allah" predates Islam and Muslims do not have an exclusive right to it.
The ban was aimed against the Malay-language edition of the main Roman Catholic newspaper in Malaysia, the Herald, which is read mostly by indigenous tribes who converted to Christianity decades ago. The Herald's Mandarin, English and Tamil editions do not use the word "Allah."
Earlier this month, the government issued an order allowing Christian publications to use "Allah" provided they print a statutory warning that it is for non-Muslims. But last week the government rescinded the order, saying it was a "mistake."
It appeared the government had succumbed to pressure from Muslim scholars and groups that are more hard-line than the Islamic party headed by Nik Aziz.Nik Aziz said he is only giving his opinion as a Muslim scholar, and will let the government decide whether to ban the word.
"I will not interfere in this," he was quoted as saying by the New Straits Times daily.
The government is unlikely to heed Nik Aziz's opinion because he's an arch political rival of the ruling coalition. Also, it is not clear how much influence he has among Muslims outside the four states where his party has done well in recent elections.
For many Christians, the ban symbolizes their eroding religious freedom under the Muslim-Malay dominated government, while for many Muslims, a lifting of the ban would be seen as a blow to Malay supremacy in the country.
7. Utusan Malaysia Online（http://www.utusan.com.my）
(1) Jakim pertahan perkataan Allah hanya untuk Islam, 2 Mac 2009
PUTRAJAYA 2 Mac – Jabatan Kemajuan Islam Malaysia (Jakim) tetap berpendirian bahawa perkataan Allah tidak boleh digunakan untuk agama lain selain Islam, kata Ketua Pengarahnya, Datuk Wan Mohamad Sheikh Abdul Aziz.
Beliau menegaskan, langkah itu selaras dengan keputusan jemaah menteri sejak sekian lama dan larangan penggunaan nama Allah serta beberapa istilah Islam lain turut diwartakan oleh 10 buah negeri.
‘‘Kita perlu menghormati keputusan jemaah menteri dan undang-undang sedia ada yang telah diperkenankan oleh Sultan dan Raja-Raja Melayu.
‘‘Jadi, keputusan Kementerian Dalam Negeri (KDN) menarik balik perintah membenarkan penggunaan nama Allah dalam penerbitan agama lain adalah satu langkah profesional yang menghormati undang-undang sedia ada,” katanya.
Wan Mohamad berkata demikian pada sidang akhbar mengenai sambutan Maulidur Rasul Peringkat Kebangsaan 1430 Hijrah di sini hari ini.
Beliau mengulas pandangan Mursyidul Am Pas, Datuk Nik Abdul Aziz Nik Mat semalam yang menganggap tidak salah bagi orang bukan Islam menggunakan perkataan Allah bagi merujuk kepada Tuhan.
Bagaimanapun Menteri Besar Kelantan itu menyerahkan kepada pihak berkenaan untuk menyelesaikan isu penggunaan kalimah Allah dalam penerbitan agama Kristian.
Setakat ini hanya Wilayah Persekutuan, Pulau Pinang, Sabah dan Sarawak tidak mempunyai undang-undang yang memaktubkan tentang pengharaman penggunaan perkataan Allah kepada agama lain.
Wan Mohamad berkata, sekiranya penganut agama lain mengiktiraf dan berikrar bahawa tuhan mereka adalah Allah yang Maha Esa seperti yang diakui oleh orang Islam, maka beliau orang pertama yang paling gembira.
‘‘Allah adalah Tuhan yang tidak mempunyai anak atau diperanakkan, jika ini yang diterima, maka ia adalah satu kejayaan dalam dakwah kita.
‘‘Tetapi kalau dimaksudkan Allah itu adalah Tuhan yang mempunyai anak dan diperanakkan, yang mempunyai tangan dan kaki dengan sifat-sifat tertentu, maka itu bukan Allah, inilah jawapan Jakim,” jelas beliau.
Beliau menyatakan, pada peringkat awal jika perkataan Allah dibenarkan untuk digunakan oleh agama lain, ia akan mengelirukan banyak pihak.
‘‘Lazimnya kekeliruan akan membawa kepada ketegangan dan ini patut dielakkan kerana Malaysia kaya dengan sejarah ketegangan agama dan kaum.
‘‘Jadi, bagi pihak pemerintah, kita bertanggungjawab memastikan keamanan dan persefahaman antara agama dan adalah lebih baik kita ambil langkah awal untuk mengelakkan ketegangan,” katanya.
Justeru Wan Mohamad berkata, Jakim bersedia mengadakan dialog antara agama bagi mencari persefahaman mengenai pelbagai isu yang berbangkit.
‘‘Jakim dan Institut Kefahaman Islam Malaysia (IKIM) sentiasa menganjurkan dialog antara agama tetapi kebiasaannya ia tidak menjadi satu forum bersifat ilmiah sebaliknya lebih kepada perbincangan mengenai isu perkauman.
(2) USIA sokong larangan guna perkataan Allah, 3 Mac 2009
KOTA KINABALU 3 Mac - Pertubuhan Islam Seluruh Sabah (USIA) menyokong penuh langkah kerajaan melarang pengunaan perkataan Allah dalam penerbitan Herald Catholic.
Setiausaha Agungnya, Datuk Abdullah Hussin berkata, keputusan tersebut adalah tepat dan wajar bagi mengelak salah faham dan kekeliruan di kalangan umat Islam.
"Kita menyokong keputusan kerajaan kerana penggunaan perkataan Allah dalam penerbitan agama lain dikhuatiri mengelirukan umat Islam khususnya kanak-kanak serta mereka yang kurang pengetahuan tentang agama Islam," katanya ketika dihubungi di sini hari ini.
Menurut Abdullah, penganut agama lain harus menghormati agama Islam yang merupakan agama rasmi negara seperti yang terkandung dalam perlembagaan.
Justeru katanya, pengunaan perkataan Allah dalam sebarang penerbitan yang tidak berkaitan dengan Islam perlu dihentikan bagi menjaga sensitiviti umat Islam.
Jelasnya, semua pihak perlu sedar isu yang diperjuangkan akhbar berkenaan merupakan perkara yang amat sensitif di mana umat Islam sedia bangkit untuk mempertahankan kesucian Islam.
Tambahnya, jika keputusan kerajaan ini tidak dihormati ia akan menimbulkan krisis (agama) sekali gus menjejaskan keselamatan dan keharmonian negara.
(Tamat)
